United States District Court, W.D. Pennsylvania
September 20, 2005.
BUWLUS A. MUHAMMAD, Plaintiff,
DISTRICT JUSTICE JOSEPH LEFAIVER, Defendant.
The opinion of the court was delivered by: SEAN McLAUGHLIN, District Judge
This motion for leave to proceed in forma pauperis was
received by the Clerk of Court on August 22, 2005, and was
referred to United States Magistrate Judge Susan Paradise Baxter
for report and recommendation in accordance with the Magistrates
Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the
Local Rules for Magistrates.
The Magistrate Judge's Report and Recommendation [Doc. No. 2],
filed on August 31, 2005, recommended that the matter be
dismissed as legally frivolous and that the motion be denied. The
parties were allowed ten (10) days from the date of service to
file objections. Service was made on Plaintiff by certified mail
and on Defendants. Objections were filed by Plaintiff on
September 9, 2005. After de novo review of the motion and
documents in the case, together with the Report and
Recommendation and objections thereto, the following order is
AND NOW, this 20th day of September, 2005;
IT IS HEREBY ORDERED that the Plaintiff's motion for leave to
proceed in forma pauperis [Doc. No. 1] is DENIED, and the
matter is DISMISSED as legally frivolous in accordance with
28 U.S.C. § 1915(d).
The Report and Recommendation [Doc. No. 2] of Magistrate Judge
Baxter, filed on August 31, 2005, is adopted as the opinion of
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